1. Except as otherwise provided in subsection 2, mechanical restraint may be used on a person with a disability who is a patient at a facility only if:
(a) An emergency exists that necessitates the use of mechanical restraint;
(b) A medical order authorizing the use of mechanical restraint is obtained from the patient’s treating physician or advanced practice registered nurse before the application of the mechanical restraint or not later than 15 minutes after the application of the mechanical restraint;
(c) The physician or advanced practice registered nurse who signed the order required pursuant to paragraph (b) or the attending physician or attending advanced practice registered nurse examines the patient not later than 1 working day immediately after the application of the mechanical restraint;
(d) The mechanical restraint is applied by a member of the staff of the facility who is trained and qualified to apply mechanical restraint;
(e) The patient is given the opportunity to move and exercise the parts of his or her body that are restrained at least 10 minutes per every 60 minutes of restraint;
(f) A member of the staff of the facility lessens or discontinues the restraint every 15 minutes to determine whether the patient will stop or control his or her inappropriate behavior without the use of the restraint;
(g) The record of the patient contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f), the response of the patient and the response of the member of the staff of the facility who applied the mechanical restraint;
(h) A member of the staff of the facility continuously monitors the patient during the time that mechanical restraint is used on the patient; and
(i) The patient is released from the mechanical restraint as soon as the behavior of the patient no longer presents an immediate threat to himself or herself or others.
2. Mechanical restraint may be used on a person with a disability who is a patient at a facility and the provisions of subsection 1 do not apply if the mechanical restraint is used to:
(a) Treat the medical needs of a patient;
(b) Protect a patient who is known to be at risk of injury to himself or herself because the patient lacks coordination or suffers from frequent loss of consciousness;
(c) Provide proper body alignment to a patient; or
(d) Position a patient who has physical disabilities in a manner prescribed in the patient’s plan of treatment.
3. If mechanical restraint is used on a person with a disability who is a patient at a facility in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 449A.263, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.
(Added to NRS by 1999, 3249; A 2017, 1766)—(Substituted in revision for NRS 449.779)
Structure Nevada Revised Statutes
Chapter 449A - Care and Rights of Patients
NRS 449A.007 - "Board" defined.
NRS 449A.011 - Community health worker" defined. [Effective through December 31, 2021.]
NRS 449A.013 - Community health worker pool" defined. [Effective through December 31, 2021.]
NRS 449A.015 - "Community triage center" defined. [Effective through December 31, 2021.]
NRS 449A.017 - "Division" defined.
NRS 449A.019 - "Facility for hospice care" defined. [Effective through December 31, 2021.]
NRS 449A.021 - "Facility for intermediate care" defined. [Effective through December 31, 2021.]
NRS 449A.025 - "Facility for refractive surgery" defined. [Effective through December 31, 2021.]
NRS 449A.027 - "Facility for skilled nursing" defined. [Effective through December 31, 2021.]
NRS 449A.031 - "Facility for the dependent" defined.
NRS 449A.043 - "Hospice care" defined. [Effective through December 31, 2021.]
NRS 449A.045 - "Hospital" defined.
NRS 449A.052 - "Mobile unit" defined. [Effective through December 31, 2021.]
NRS 449A.054 - "Nursing pool" defined. [Effective through December 31, 2021.]
NRS 449A.056 - "Obstetric center" defined. [Effective through December 31, 2021.]
NRS 449A.058 - "Palliative services" defined. [Effective through December 31, 2021.]
NRS 449A.060 - Peer support recovery organization" defined. [Effective through December 31, 2021.]
NRS 449A.062 - Peer support services" defined. [Effective through December 31, 2021.]
NRS 449A.064 - "Provider of health care" defined.
NRS 449A.068 - "Psychiatric hospital" defined. [Effective through December 31, 2021.]
NRS 449A.071 - "Registered nurse" defined.
NRS 449A.073 - "Residential facility for groups" defined. [Effective through December 31, 2021.]
NRS 449A.075 - "Rural clinic" defined. [Effective through December 31, 2021.]
NRS 449A.081 - "Terminally ill" defined.
NRS 449A.103 - Facility to forward medical records upon certain transfers of patient.
NRS 449A.106 - Specific rights: Information concerning facility; treatment; billing; visitation.
NRS 449A.109 - Specific rights: Designation of persons authorized to visit patient in facility.
NRS 449A.153 - "Hospital care" defined.
NRS 449A.156 - "Responsible party" defined.
NRS 449A.165 - Manner of collection.
NRS 449A.203 - "Aversive intervention" defined.
NRS 449A.206 - "Chemical restraint" defined.
NRS 449A.209 - "Corporal punishment" defined.
NRS 449A.212 - "Electric shock" defined.
NRS 449A.215 - "Emergency" defined.
NRS 449A.221 - "Mechanical restraint" defined.
NRS 449A.224 - "Person with a disability" defined.
NRS 449A.227 - "Physical restraint" defined.
NRS 449A.230 - "Verbal and mental abuse" defined.
NRS 449A.233 - Aversive intervention: Prohibition on use.
NRS 449A.236 - Forms of restraint: Restrictions on use.
NRS 449A.239 - Physical restraint: Permissible use; report of use in emergency.
NRS 449A.242 - Mechanical restraint: Permissible use; report of use in emergency.
NRS 449A.245 - Chemical restraint: Permissible use; report of use.
NRS 449A.248 - Authorized use of certain forms of restraint by certain facilities.
NRS 449A.251 - Education and training of members of staff of facility.
NRS 449A.254 - Violations: Criminal penalties; ineligibility for employment; disciplinary action.
NRS 449A.303 - Aftercare" defined.
NRS 449A.306 - Caregiver" defined.
NRS 449A.309 - Representative of the patient" defined.
NRS 449A.400 - Short title; uniformity of application and construction.
NRS 449A.406 - "Advanced practice registered nurse" defined.
NRS 449A.409 - "Attending advanced practice registered nurse" defined.
NRS 449A.412 - "Attending physician" defined.
NRS 449A.415 - "Declaration" defined.
NRS 449A.418 - "Life-sustaining treatment" defined.
NRS 449A.421 - "Person" defined.
NRS 449A.424 - "Provider of health care" defined.
NRS 449A.427 - "Qualified patient" defined.
NRS 449A.430 - "Terminal condition" defined.
NRS 449A.433 - Declaration relating to use of life-sustaining treatment.
NRS 449A.442 - Time declaration becomes operative; duty of providers of health care.
NRS 449A.445 - Revocation of declaration; entry of revocation in medical records of declarant.
NRS 449A.448 - Recording determination of terminal condition and declaration.
NRS 449A.454 - Written consent to withhold or withdraw life-sustaining treatment.
NRS 449A.457 - Transfer of care of declarant.
NRS 449A.460 - Immunity from civil and criminal liability and discipline for unprofessional conduct.
NRS 449A.503 - "Advanced practice registered nurse" defined.
NRS 449A.506 - "Attending advanced practice registered nurse" defined.
NRS 449A.509 - "Attending physician" defined.
NRS 449A.512 - "Attending physician assistant" defined.
NRS 449A.515 - "Do-not-resuscitate identification" defined.
NRS 449A.518 - "Do-not-resuscitate order" defined.
NRS 449A.521 - "Emergency care" defined.
NRS 449A.524 - "Health care facility" defined.
NRS 449A.527 - "Life-resuscitating treatment" defined.
NRS 449A.530 - "Life-sustaining treatment" defined.
NRS 449A.533 - "Other types of advance directives" defined.
NRS 449A.536 - "Physician assistant" defined.
NRS 449A.539 - "Provider of health care" defined.
NRS 449A.542 - "Provider Order for Life-Sustaining Treatment form" or "POLST form" defined.
NRS 449A.545 - "Representative of the patient" defined.
NRS 449A.548 - Board to prescribe standardized POLST form; requirements.
NRS 449A.554 - Revocation of POLST form; entry of revocation in medical records of patient.
NRS 449A.557 - Conflict with other advance directive or do-not-resuscitate identification.
NRS 449A.572 - Unlawful acts; penalty.
NRS 449A.578 - Validity of POLST form executed in another state.
NRS 449A.603 - "Advance directive for psychiatric care" or "advance directive" defined.
NRS 449A.606 - "Attending physician" defined.
NRS 449A.609 - "Principal" defined.
NRS 449A.612 - "Provider of health care" defined.
NRS 449A.615 - "Psychiatric care" defined.
NRS 449A.618 - Execution of advance directive; period of effectiveness.
NRS 449A.624 - Requirements for advance directive to become operative; effect.
NRS 449A.627 - No presumption concerning intention of person without advance directive.
NRS 449A.630 - Provider to make advance directive part of principal’s medical record.
NRS 449A.636 - Provider to comply with advance directive; exceptions.
NRS 449A.639 - Transfer of care of principal.
NRS 449A.703 - "Advance directive" defined.
NRS 449A.706 - "Registrant" defined.
NRS 449A.709 - "Registry" defined.
NRS 449A.712 - Establishment and maintenance; information to be included in Registry.
NRS 449A.715 - Registration of advance directive: Requirements; duties of Secretary of State.
NRS 449A.718 - Access to advance directive.
NRS 449A.721 - Removal of advance directive of deceased registrant.